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Examples of "unjust factors" that ground a claim for restitution include: mistakes of fact or law; total failure of consideration, duress, undue influence, and the Woolwich ground. Civil law systems such as those of France and Germany typically adopt an "absence of basis" approach.
Hiroo Onoda – Imperial Japanese soldier who remained in hiding in the Philippines even after the official end of World War II. Pardoned for his actions against the residents of Lubang Island, including allegedly killing up to 30 civilians. [6] [7] Hadji Kamlon – Tausug who led the Kamlon rebellion against the government from 1948 to 1955. [8]
The quo warranto petition against Maria Lourdes Sereno, filed before the Supreme Court of the Philippines, led to the landmark case Republic v. Sereno [note 1] (G. R. No. 237428), [3] [4] [5] which nullified Maria Lourdes Sereno's appointment as Chief Justice of the Supreme Court of the Philippines, finding that she never lawfully held the office due to a lack of integrity for failing to file ...
The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. [1] In international human rights law, there is a right to an effective remedy. In the legal system of the United States, there exists a traditional form of judicial remedies that serve to combat juror biases caused by news ...
The judiciary of the Philippines consists of the Supreme Court, which is established in the Constitution, and three levels of lower courts, which are established through law by the Congress of the Philippines. The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and ...
People of the Philippines v. Santos, Ressa and Rappler (R-MNL-19-01141-CR), also known as the Maria Ressa cyberlibel case, is a high-profile criminal case in the Philippines, lodged against Maria Ressa, co-owner and CEO of Rappler Inc.. [2] Accused of cyberlibel, Ressa was found guilty by a Manila Regional Trial Court on June 15, 2020. [3] [4]: 36
The Mandatory Victim Restitution Act of 1996, [13] codified in part at 18 U.S.C. § 3363A, requires courts to order that a defendant pay a victim restitution in certain cases, such as those that involve crimes of violence or pecuniary loss to the victim. [14] Child pornography cases are included in this mandate, as codified in 18 U.S.C. § 2259 ...
Landmark Cases in the Law of Restitution (2006) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English unjust enrichment law and restitution. Content [ edit ]